Zhang (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 500 (Student) visa held by Ms. Zhang. The dispute arose from allegations that Ms. Zhang provided incorrect information and a bogus document in her visa application, specifically concerning her overseas university qualifications and employment status.

The Tribunal was required to determine whether Ms. Zhang had failed to comply with sections 101 and 103 of the *Migration Act 1958* (Cth), as particularised in the notice issued under section 107 of the Act. This involved assessing whether the information provided in her visa application was correct and whether any documents submitted were "bogus" as defined by the Act. The Tribunal also had to consider whether the delegate had reached the necessary state of mind to engage section 107 and whether the notice issued complied with statutory requirements.

The Tribunal found that Ms. Zhang had provided incorrect information in her visa application, specifically regarding her highest level of schooling completed outside Australia and her employment details. The Tribunal was satisfied that the notice issued under section 107 complied with the statutory requirements and that Ms. Zhang had failed to comply with sections 101 and 103 of the Act. Having regard to all relevant circumstances, the Tribunal concluded that the decision to cancel Ms. Zhang's visa should be affirmed.